Asked 1/28/2016 – Houston, TX

I’m not sure if I understand that the plea agreement was an agreement at all. My attorney said probation only, and the psi recommendations were prison time and probation.

Answer

The probation department can make a recommendation (the psi) different from the agreement between the DA’s office and your attorney. You need to speak with your attorney and make sure if there is any risk that the judge will follow the psi, not the plea agreement. If the judge does not follow the plea agreement, however, you will be able to withdraw your plea and set your case for trial.